Breach of client information to another client by a county employee in the mental health setting. This was information that was shared at a team meeting by one therapist then breached by another team member who was fired. The firing took place on day 89 of what I was told was 90 days I had to file suit so when I spoke
to a lawyer on day 93 I was told
I could do nothing.
out of luck and out of safr therapy
Ethics / Professional Responsibility Lawyer
It doesn't matter because there is no private cause of action fora HIPPA violation.
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2 lawyers agree
Employment / Labor Attorney
The Health Insurance Portability and Accountability Act, 42 U.S.C. sections 201 et seq. (HIPAA) does not prohibit an employer from revealing confidential medical information about employees. http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/employers.html.
The United State Department of Labor has a web site with excellent information on HIPAA: http://www.dol.gov/dol/topic/health-plans/portability.htm.
The United Stated Department of Health and Human Services is responsible for enforcing HIPAA: http://www.hhs.gov/ocr/privacy/hipaa/enforcement/index.html. There is no private right of action (an individual cannot sue for violation of his or her HIPAA rights).
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1 lawyer agrees
Health Care Lawyer
The other attorneys are correct that there is no right to sue over HIPAA violations. However if it was your information that was breached you can file a complaint with the federal Office of Civil Rights within 180 days of when the breach occurred. Won't get you $$, but might prevent the situation from happening to someone else.
I am attaching a link below that will explain more. Better luck in the future.
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